DAIRY BELLE, INC. v. FREELAND

No. 38,478

175 Kan. 344 (1953)

264 P.2d 894

DAIRY BELLE, INC., a corporation, Appellant, v. ROY FREELAND, Secretary of Agriculture of the State of Kansas, and H.E. DODGE, Dairy Commissioner of the State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed December 12, 1953.


Attorney(s) appearing for the Case

W.A. Kahrs, of Wichita, argued the cause, and Robert H. Nelson, Clarence N. Holeman, and Keith L. Wallis, all of Wichita, and James W. Porter, of Topeka, and Hugo Swan, of Dallas, Texas, were with him on the briefs for the appellant.

Warden L. Noe, special assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, was with him on the briefs for the appellees. Freeland and Dodge; Dale M. Bryant, of Wichita, and Charles M. Fistere, Washington, D.C., were on the briefs for appellees, Gardiner Dairy and Ice Cream Co., Garden City, Puritan Dairy Products Co., Pittsburg, Jo-Mar Dairies Co., Salina, and Ambrose Creamery Company, Norton; P.K. Smith and LeRoy Warner, both of Wichita, and Balfour S. Jeffrey, of Topeka, were on the briefs for appellee, Armstrong Creamery Co., Wichita; Otis Allen, of Topeka, was on the briefs for the appellee, Shawnee County Milk Producers Association.

Leonard A. Flansburg and Charles H. Flansburg, both of Lincoln, were on the briefs as amici curiae.


The opinion of the court was delivered by

SMITH, J.:

This appeal was originally submitted on November 3, 1952. The questions involved were a construction and the constitutionality of G.S. 1949, 65-720 and 721. Before this appeal was decided the legislature at the session for 1953 enacted house bill 458. This is now chapter 8, Laws of 1953. This chapter dealt with the same or similar subject matter as G.S. 1949, 65...

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